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2011 SESSION
11104666DBe it enacted by the General Assembly of Virginia:
1. That § 54.1-1102 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Chapter 11 of Title 54.1 an article numbered 5, consisting of sections numbered 54.1-1144, 54.1-1145, and 54.1-1146, as follows:
§ 54.1-1102. Board for Contractors membership; offices; meetings; seal; record.
A. The Board for Contractors shall be composed of 15
16 members as follows: one member shall be a licensed Class A general
contractor; the larger part of the business of one member shall be the
construction of utilities; the larger part of the business of one member shall
be the construction of commercial and industrial buildings; the larger part of
the business of one member shall be the construction of single-family
residences; the larger part of the business of one member shall be the construction
of home improvements; one member shall be a subcontractor as generally regarded
in the construction industry; one member shall be in the business of sales of
construction materials and supplies; one member shall be a local building
official; one member shall be a licensed plumbing contractor; one member shall
be a licensed electrical contractor; one member shall be a licensed heating,
ventilation and air conditioning contractor; one member shall be a certified
elevator mechanic or a licensed elevator contractor; one member shall be a
certified water well systems provider,; one member shall be a
licensed residential building analyst; and two members shall be citizen
members. The terms of the Board members shall be four years.
The Board shall meet at least four times each year, once in
January, April, July and October, and at such other times as may be deemed
necessary. Annually, the Board shall elect from its membership a chairman and a
vice-chairman to serve for a one-year term. Eight Nine members of
the Board shall constitute a quorum.
The Board shall promulgate regulations not inconsistent with statute necessary for the licensure of contractors and tradesmen and the certification of backflow prevention device workers, and for the relicensure of contractors and tradesmen and for the recertification of backflow prevention device workers, after license or certificate suspension or revocation. The Board shall include in its regulations a requirement that as a condition for initial licensure as a contractor, the designated employee or a member of the responsible management personnel of the contractor shall have successfully completed a Board-approved basic business course, which shall not exceed eight hours of classroom instruction.
The Board may adopt regulations requiring all Class A, B, and C residential contractors, excluding subcontractors to the contracting parties and those who engage in routine maintenance or service contracts, to use legible written contracts including the following terms and conditions:
1. General description of the work to be performed;
2. Fixed price or an estimate of the total cost of the work, the amounts and schedule of progress payments, a listing of specific materials requested by the consumer and the amount of down payment;
3. Estimates of time of commencement and completion of the work; and
4. Contractor's name, address, office telephone number and license or certification number and class.
In transactions involving door-to-door solicitations, the Board may require that a statement of protections be provided by the contractor to the homeowner, consumer or buyer, as the case may be.
The Board shall adopt a seal with the words "Board for Contractors, Commonwealth of Virginia." The Director shall have charge, care and custody of the seal.
B. The Director shall maintain a record of the proceedings of the Board.
§ 54.1-1144. Definitions.
As used in this article, unless the context requires a different meaning:
"Accredited residential building analyst training program" means a training program that has been approved by the Board to provide training for individuals to engage in blower door, duct blaster, or similar testing to measure energy efficiency, conduct energy modeling, prepare a residential building analysis report, and provide recommendations for improvements with return on investment or third-party verification for nationally accredited energy efficiency programs.
"Licensed residential building analyst" means an individual who has successfully completed an accredited residential building analyst training program or meets the criteria of experience required by this article and regulations of the Board and who has been licensed by the Board.
"Residential building analysis" means (i) an inspection, investigation, or survey of a dwelling or other structure to evaluate, measure, or quantify its energy consumption and efficiency, including lighting, HVAC, electronics, appliances, water heaters, insulation, and water conservation, and (ii) recommendations to reduce energy consumption and improve efficiency of a dwelling or other structure, including lighting, HVAC, electronics, appliances, water heaters, insulation, and water conservation for compensation conducted or made by a licensed residential building analyst.
§ 54.1-1145. License required.
A. No person shall engage in, or offer to engage in, work as a residential building analyst in the Commonwealth unless he has been licensed under the provisions of this article.
B. The Board may issue a license to perform residential building analysis in the Commonwealth to any applicant who has submitted satisfactory evidence that he has successfully:
1. Completed an accredited residential building analyst training program;
2. Completed at least five residential building analyses under the supervision of a licensed residential building analyst;
3. Remains in good standing with any certifying organization approved by the Board, provided that the requirements for the applicant's class of membership in such association are equal to or exceed the requirements established by the Board for all applicants;
4. Maintains the necessary insurance coverage as determined by the Board; and
5. Demonstrates the financial capability, as determined by the Board, to perform residential building analysis.
C. Individuals applying for a license as a residential building analyst between July 1, 2011, and July 1, 2012, who submit satisfactory evidence to the Board of having been actively and continuously engaged in residential building analysis for the immediately preceding three years shall be licensed by the Board, unless an applicant is found by the Board to have engaged in any act that would constitute grounds for disciplinary action.
§ 54.1-1146. Additional powers of the Board.
The Board shall adopt regulations necessary to establish procedures and requirements for the (i) approval of accredited residential building analyst training programs, (ii) licensing of individuals and firms to engage in residential building analysis, and (iii) establishment of standards for performing residential building analysis consistent with the U.S. Environmental Protection Agency guidelines and recognized by the Energy Star Program.
2. That the Board for Contractors shall promulgate regulations to implement the provisions of this act to be effective within 280 days of its enactment.
3. That the residential building analyst appointed to the Board for Contractors pursuant to § 54.1-1102 of this act shall have practiced as a residential building analyst for at least three consecutive years immediately prior to appointment.